- (1.) This application is directed against the judgment dated 15.3.2005 , passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Cr. Appeal No. 81 of 2004, whereby and whereunder the judgment and order of conviction passed by the learned Additional Chief Judicial Magistrate, Chaibasa in G.R. Case No. 160 of 1998, by which the petitioner was convicted for the offence under sections 420 , 379 and 406 of the Indian Penal Code was subsequently modified by affirming the said judgement only with respect to conviction under section 406 of IPC and petitioner was sentenced to undergo R.I. for three years.
(2.) It has been submitted by the learned counsel for the petitioner that the dispute is purely civil in nature and no criminal prosecution can lie against the petitioner. It has further been submitted that there are vital contradictions amongst the statements of the witnesses, which fact has not been properly considered by the learned trial court or by the learned appellate court. It has also been submitted that if this Court is not inclined to interfere with the impugned judgment of conviction, at least sentence be modified suitably considering the fact that petitioner has remained in custody for a period of six months and he is facing the rigors of prosecution case since the year 1998.
(3.) Learned A.P.P. has supported the impugned judgement.;